Legislation -
Bill Passed
(Senate)
(34-12) -
Feb. 27, 2013(Key vote)

Vote Result

Yea Votes

Nay Votes

Vote Smart's Synopsis:

Vote to pass a bill that establishes the Administrative Workers' Compensation Act to replace the Workers' Compensation Code.

Highlights:

Establishes the Administrative Workers’ Compensation Act to govern a claim from an employee of a private or public institution for an injury or death based on an accident that occurs during the course and scope of employment (Sec. 3).

Requires the Workers’ Compensation Code to govern a claim for an injury or death based on an accident which occurred before the passage of this bill (Sec. 3).

Establishes the “Workers Compensation Commission” which consists of 3 individuals who are appointed by the governor and approved by the senate, with certain responsibilities including, but not limited to, the following responsibilities (Secs. 19-22):

To appoint administrative law judges to hear claims for compensation including claims made before the enactment of this bill;

To hear appeals of decisions by administrative law judges; and

To make any necessary rules to administer the provisions of this bill.

Defines “qualified employer” as an employer that voluntarily elects to be exempt from the Administrative Workers’ Compensation Act and meets certain criteria including, but not limited to, the following criteria (Secs. 121-123):

The employer provides notice to the Workers Compensation Commission, prospective, and current employees stating that it does not carry or is terminating workers compensation coverage; and

The employer offers a “benefit plan” available to all employees.

Defines “benefit plan” as a plan which meets certain criteria including, but not limited to, the following criteria (Secs. 122-123):

The plan provides coverage and compensation equal or greater to the forms and benefits included in the Administrative Workers’ Compensation Act;

The plan offers lump sum payouts which include “settlement agreements”

The plan does not charge a fee for participation in the benefit plan; and

The plan specifies additional conditions and limitations if the plan provides the same conditions and limitations to all employees.

Defines “settlement agreement” as a signed voluntary agreement entered into within 10 business days of the initial injury report and after the employee has received a medical evaluation from a nonemergency care doctor (Sec. 123).

Reduces the maximum compensation an injured employee may receive for “Temporary Total Disability” from 100% of the state average weekly salary to 70% of the state average weekly salary (Sec. 41).